OC Political

A right-of-center blog covering local, statewide, and national politics

Are We Still A Nation of the Rule of Law? A Serious Question – Part III

Posted by Craig P. Alexander on March 5, 2018

A few weeks ago I published two posts about the FISA Gate scandal of the FBI and the U.S. Department of Justice apparently using the false and politically motivated “Steel Dossier” to obtain a FISA warrant on one time Trump campaign volunteer Carter Page. Here are links to them: Link 1  & Link 2. At the time of publication the “Nunes” or Republican memo had just been de-classified and released while we were awaiting the Democrats or “Schiff” memo’s release.  The Schiff memo has now been released (with some redactions) and it confirms one thing I stated in my prior posts – the American people deserve to see the entire Carter Page FISA application and the three renewals that were presented to the FISA court.  This has all become too much of a partisan back and forth.

First here is a link to the Schiff Memo: hpsci_redacted_minority_memo.  Then here is a link to an excellent analysis by Andrew McCarthy of the National Review in which he debunks most of the claims made by Adam Schiff and his Democratic friends.

However all of the partisan rankling over the memos does not answer or resolve an extremely important problem – the FBI and the DOJ were apparently willing to break the law and their own rules before a Federal Court Judge (or Judges) to obtain a warrant to surveil (spy on) an American citizen who had been previously part of an opposing political campaign.  As Mr. McCarthy pointed out, the FBI did not need to get a FISA warrant to surveil Mr. Page.  He had previously cooperated with the FBI in a prior investigation of an alleged Russian spy and they could have gone back to him again and asked him about what he knows.  Since he apparently had cooperated and helped them in the past, what did they believe had occurred by 2016 that forestalled their going to Mr. Page again before getting a FISA warrant?  For a full impact / understanding of this read Mr. McCarthy’s article linked above. As Mr. McCarthy explains, this point is very critical and is another reason why the public needs to be allowed to see the application and renewals to the FISA Court.

With the atrocious massacre at the high school in Florida, the school safety and gun control debate this has started and now the President’s trade tariff announcement it is natural for people to have “moved on” from FISA Gate.  But this violation of the 4th Amendment is a critical issue – if law enforcement at the highest level of our country can lie to a Federal Court judge(s) to get a warrant like it did here and it is allowed to go unanswered and unpunished, what is the stop them from doing this again and again and again?

What’s next?  I suspect the next shoe to drop in this scandal will be the report by Inspector General Michael Horowitz.  When will that come out?  I do not know but not fast enough for me.  When it does I will publish a Part IV here.  It would be far better for the country for the FISA application and renewals to be released to the public now.

Craig P. Alexander is an attorney and principal of the Law Offices of Craig P. Alexander in Dana Point, California.  A large part of his legal practice is regarding the California Public Records Act to obtain documents from state and local governments (the state version of the Freedom of Information Act to obtain documents from the Federal government).

 

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Live from OC GOP Central Committee: Endorsements for CD-49, SD-29, and AD-65

Posted by Chris Nguyen on February 26, 2018

We’re live from the OC GOP Central Committee meeting, where three endorsements are being considered:

The Coronado endorsement for the 65th Assembly District is expected to be fairly quick since Coronado is the sole Republican challenging incumbent Sharon Quirk-Silva (D-Fullerton).

Harkey’s endorsement request for CD-49 and Chang’s endorsement request for SD-29 will be hotly contested, as Assemblyman Rocky Chavez (R-Oceanside) and Supervisor Kristin Gaspar (R-Encinitas) are both running for CD-49 while Councilman Bruce Whitaker (R-Fullerton) is also running for SD-29. Harkey and Chang are on the agenda because a majority of the members of Central Committee signed their petitions to have their endorsement requests heard. In order to actually be endorsed requires a 2/3 vote of the Central Committee.

Gaspar had emailed Central Committee members asking to meet with them individually earlier this month. Michael Schwartz, a San Diego County Second Amendment advocate, had distributed flyers at last week’s Central Committee meeting assailing Gaspar’s record on guns and her campaign contributions. Gaspar responded today with an email arguing the OC GOP should not endorse one Republican over another, noting her success in unseating a sitting Democrat from the Board of Supervisors in a district Hillary Clinton won by 20%, and stating that she is “pro Second Amendment, pro life and as a lifelong Republican I do not contribute to Democrat candidates” along with a link to the opensecrets.org entry for donations by Gaspar, which shows numerous donations to the Republican Party of San Diego County and one each to Congresswoman Mimi Walters and State Senator Bill Morrow. Schwartz responded to Gaspar’s email with an email arguing that the Supervisor Gaspar defeated “had looming employee, sexual harassment, and campaign finance issues” and was easily beatable, that she voted to support a gun ban while she was on the City Council, and listed one contribution to Pedro Nava, six contributions from her company to Democrats at the State and local levels, and her husband’s numerous contributions.

(For those of you subscribed to our posts via email, please visit our web site and hit refresh on this post for updates throughout the meeting. Our software only sends emails for the initial posting.)

7:00 PM: Chairman Fred Whitaker calls the meeting to order and gives the invocation.

7:01 PM: Colin Edwards leads the Pledge of Allegiance.

7:02 PM: Roll call is taken, with 50 people present, far beyond quorum requirements.

7:07 PM: Yorba Linda Mayor Gene Hernandez swears in three new alternates as well as Newport Beach Councilman Will O’Neill, who was appointed to the Central Committee last meeting to fill a vacancy.

65TH ASSEMBLY DISTRICT

7:09 PM: Baron Night moves and Municipal Water District of Orange County Board Member Brett Barbre seconds endorsing Alexandria Coronado.

7:10 PM: There is no debate, and ALEXANDRIA CORONADO IS ENDORSED UNANIMOUSLY FOR THE 65TH ASSEMBLY DISTRICT.

49TH CONGRESSIONAL DISTRICT

7:11 PM: Next up is the endorsement request of Diane Harkey for the 49th Congressional District.

7:12 PM: Each CD-49 candidate is given 3 minutes to speak. Gaspar is not present because she is preparing for her State of the County address tomorrow, according to her campaign manager, Bill Christiansen. Chavez did not send a representative.

Board of Equalization Chairwoman Diane Harkey speaks first, thanks to the alphabet (and the absence of Chavez and Gaspar). Harkey notes how well the Central Committee knows her. She states she is the only candidate who represents all of CD-49, as she is their Board of Equalization member. She notes she is the first Republican Board of Equalization Chair in 15 years. She speaks of regulatory reform and legislative changes she pursued from the Board of Equalization. She speaks of her electoral history with Dana Point City Council, State Assembly, and State Board of Equalization. She says Congressman Darrell Issa called her and asked her to run before he announced his plans to retire. She initially told him she did not want to run. However, after further consideration, she felt the seat was too important to not seek it. She spoke of her efforts to help other Republican candidates.

San Juan Capistrano Mayor Pro Tem Brian Maryott says he will seek the endorsement if the endorsement is still available after tonight. He notes that he recently retired from the financial services industry. He states he took a day to decide to run for Congress after Issa announced his retirement. He wants to make the biggest impact possible in public service. He wants his three children (14, 10, and 3 years old) to live in a free country with the ability to succeed and prosper. He was also a legislative staffer for three years.

Mike Schmitt is a doctor. He says he is “a statesman, not a politician.” He says he is the only candidate who has worked directly with Congress. He speaks of funding three trips to Iraq while ISIS reigned there. He says he is a patron of conservative groups that lobby Congress. He says he is the only candidate with full-time work in health care and says he is the most educated person in the race. He says health care and national security are the key themes of his campaign. He says he is the best candidate of either party. He says the voters should choose who is the candidate. He says he is “a streetfighter.”

Joshua Schoonover is a patent attorney from Carlsbad. He says he believes the other candidates are unable to earn the Republican vote. He says he is “young, new, and different.” He says “the same old, same old” is too much of a risk. He wants to debate the other candidates. He wants an informed decision. He says the OC GOP should have a candidate forum/debate jointly with the San Diego County GOP.

7:25 PM: Former Assemblyman Chris Norby asks if the candidates will “respect state’s rights” on marijuana.

Harkey says, “the train has left the station” on marijuana legalization. She says she has experience with marijuana regulations from the Board of Equalization. She wants to ensure law enforcement has adequate resources.

Schoonover says he wants marijuana removed from DEA enforcement and handed to ATF regulation instead. He believes in individual freedom.

Maryott opposes marijuana legalization. He does support allowing medical labs to extract the medicinal elements of marijuana.

Schmitt opposes marijuana legalization.

7:29 PM: Kermit Marsh asks the candidates about funds raised excluding loans, campaign manager names, and five most significant endorsements.

Schmitt says he has not raised much but will raise $400,000-$600,000. He says his campaign advisor is Larry Gilbert but is looking for a full-time manager. He has no endorsements. (February 27 Editor’s Note: Gilbert contacted OC Political to state: “Michael Schmitt, one of the candidates running for the 49th CD, misspoke…” Gilbert stated he is not participating in the Schmitt campaign or any other campaign. He stated he met with Schmitt in a fashion similar to how he has met with various candidates over the years to learn more about them and their campaigns.)

Maryott has Rick Frank running his race. He has just begun fundraising. He says endorsements will not win the race.

Schoonover has raised $250,000. His campaign manager is Fred Zestak, who has no campaign experience. He names five businesspeople as his top endorsers.

Harkey has raised $125,000, has another $100,000 coming, and expects to hit $500,000. She also has $100,000 in her BOE account. Her leading endorsers are Congressman Darrell Issa, Congresswoman Mimi Walters, Supervisor Lisa Bartlett, Supervisor Michelle Steel, Supervisor Andrew Do, numerous city councilmembers, and the California Association of Taxpayer Advocates. Bryan Shroyer is her campaign manager, and Dave Gilliard is her consultant.

7:34 PM: Anthony Kuo asks how each has helped improve Republican voter registration.

Harkey speaks of a litany of registration efforts she has engaged in that she said faster than this blogger could type.

Schoonover points to his 500 signatures-in-lieu of filing fee. He calls for social centrism.

Maryott says he has championed conservative causes as a councilman. He doesn’t want the party to move toward youth and minorities. He wants them to move toward the party.

Schmitt says he has rabid grassroots people. He says he sponsored a booth in Dana Point. He is planning church registration drives. He says he is “the faith candidate.”

7:38 PM: Yours truly asks the candidates if they live in the 49th Congressional District.

Harkey, Maryott, and Schmitt do. Schoonover does not.

7:39 PM: Former Orange County Board of Education President Robert Hammond asks if the candidates have supported the OC GOP’s Flag Day fundraiser.

Harkey says she has provided financial support to Flag Day in OC and to Lincoln-Reagan Day events in other counties.

The other three have not done so. Schmitt points to his spending in Iraq.

7:40 PM: Nick Wilson asks if the candidates other than Harkey submitted endorsement requests.

Schoonover got 17 signatures, falling short of 21 needed to go to the endorsements committee.

Maryott and Schmitt are seeking signatures.

7:41 PM: Baron Night moves and Dean Grose seconds endorsing Harkey.

7:42 PM: Nick Wilson speaks against endorsing. He notes Issa was already endorsed and “abandoned us.” He wants to leave the field open and likes the idea of organizing a candidate forum.

7:43 PM: Rancho Santa Margarita Councilman Tony Beall says this is an important seat nationally and that Harkey has the experience to win campaigns, having been elected to City Council, the State Assembly, and the Board of Equalization, where she is California’s highest-ranking Republican.

7:44 PM: The voice vote is nearly unanimous to ENDORSE DIANE HARKEY FOR THE 49TH CONGRESSIONAL DISTRICT.

Harkey jumps up and down and expresses her thanks to the committee.

29TH SENATE DISTRICT

7:47 PM: Former Assemblywoman Ling Ling Chang speaks of running for SD-29 two years ago and giving up her safe Assembly seat to do so. She precinct walked in the rain and spent $100,000 out of pocket. She noted 80% voter turnout was incredible. She said John & Ken said on the air that she should run. She says people called her with polling data saying she would win. Since 2005, she had never lost a race until 2016. She says she is already endorsed by the LA County GOP, San Bernardino County GOP, the Lincoln Club, and various elected officials. She spoke of fighting tax increases in the Assembly.

7:50 PM: Fullerton Councilman Bruce Whitaker notes 8 terms on the Central Committee, including being on the Executive Committee. He notes the majority of the district is in Orange County. He speaks of knowing the territory well after having worked at the Board of Supervisors and as a district director in the Assembly. He notes Chang lost her own city of Diamond Bar against novice Josh Newman. Whitaker says he will be a champion of low taxes, limited government, and freedom. He says new immigrants will be drawn to that message. He notes surveys show 58% of Californians oppose the gas tax increase. He notes OCBC commended Newman for voting for the tax. He says Newman cost the district more in taxes than he brought back in spending on local projects.

7:54 PM: Dean Grose asks if the candidates supported Trump.

Chang says she was critical of Trump but hated Clinton more. She says Newman sent deceptive ads calling her a Clinton supporter to Republicans and a leader in Trump’s party to Democrats. She did not vote for Trump.

Whitaker called it a “no-brainer” and “proudly voted” for Trump.

7:56 PM: Kermit Marsh asks how much each candidate has raised excluding loans, who is their campaign manager, and who their top endorsements are.

Chang raised millions in 2016 but has $200,000 for this race and will raise more. Jim Nygren is her consultant. Her top endorsements are the LA County GOP, the San Bernardino County GOP, the Lincoln Club, Congressman Ed Royce, and Board of Equalization Chairwoman Diane Harkey.

Whitaker says the CRP already preferred Chang at the outset. He says Jim Friedman is aiding his campaign. He notes endorsements from the North Orange County Conservative Coalition, Placentia Councilman Craig Green, and Pastor Jim Domen.

7:59 PM: Newport Beach Councilman Scott Peotter asks about their stance on gun control in light of the mass shooting in Florida.

Whitaker opposes further gun control and blasts the media for blaming inanimate objects. He calls for dealing with mental illness and not letting the mentally ill get guns.

Chang is an NRA member who regularly goes shooting. She says the California Democratic Party attacked her as a “tool of the NRA.”

8:00 PM: Former Assemblyman Chris Norby asks about the candidates’ positions on asset seizure.

Whitaker opposes taking property without due process and opposes asset seizure.

Chang worked with Howard Ahmanson on legislation. She opposes asset seizure in general.

8:01 PM: Sara Catalan asks of ballot integrity and recount efforts in 2016 along with efforts to help pass the recall.

Chang says she donated money and sent people to deal with provisional ballots. She has built coalitions to support the recall. She has brought volunteers from four ethnic groups together. She speaks of recruiting volunteers.

Whitaker praises Carl DeMaio and John & Ken. He circulated petitions for the recall and announced his candidacy first. He notes he has time constraints as a sitting Councilman.

8:04 PM: Lee Lowery asks the candidates about abortion.

Whitaker says, “It’s a child, not a choice.” He supports the “rights of the unborn.” He supports the approach of discussing calmly rather than yelling.

Chang says she is pro-life. She suggests using 4-D technology to show people unborn children.

8:06 PM: Scott Carpenter asks if they would vote for resolutions supporting Roe v. Wade or Planned Parenthood.

Chang says she has.

Whitaker expresses concern about the high moral ground and “situational ethics.” He says he would oppose such a resolution.

8:08 PM: Newport Beach Councilman Scott Peotter moves and Dean Grose seconds for no endorsement.

8:09 PM: Former Assemblyman Chris Norby says it should not be “Hello, Newman!” but “Goodbye, Newman!” He says either candidate would beat Newman. He says the district is 72% in Orange County. He speaks of Whitaker having been Mayor of Fullerton, the largest city in the district. He says Whitaker worked for him at the County and the State. He says it doesn’t matter which candidate wins since the recall question needs to pass.

8:11 PM: Anthony Kuo is sworn in as Erik Weigand’s alternate.

8:12 PM: Sara Catalan speaks of working for Congressman Ed Royce and then-Senator Jim Brulte. She says there is near-complete overlap between CD-39 and SD-29. She says Royce strongly supports Chang. She says they don’t want to leave the door open for a Democrat to win. She says many people were helping at the Registrar but says she didn’t see Whitaker there (without saying his name).

8:14 PM: Newport Beach Councilman Scott Peotter says he is familiar with recalls, eliciting laughter from Central Committee members who remember that Peotter recently beat back a recall effort against him. He says every candidate will bring supporters who will vote for the recall. He says endorsing would discourage other candidates’ supporters. He notes the Andrew Hamilton recall in Lake Forest passed because so many replacement candidates brought out supporters who voted for the recall.

8:16 PM: Supervisor Andrew Do says Chang has consistently supported the party and gave up her safe Assembly seat to run for Senate. Do met her Chief of Staff at the Registrar when she sent him to the 2016 ballot counting, and Do has since hired that Chief of Staff. Do speaks of having the resources to win a swing seat.

8:18 PM: Paula Prizio is pro-life but not a one-issue candidate. She is Mark Bucher’s alternate and Bucher opposes Chang, citing her voting for a resolution praising Planned Parenthood.

8:19 PM: Chairman Fred Whitaker says he agrees on the issues 100% with Bruce Whitaker. He says an 80% friend is not a 20% enemy. He wants to support the conservative who can best win. He says there must be a unified effort. He says the California Republican Party resources to support the recall need a unified front with Chang. He says Bruce Whitaker cannot be the CRP-endorsed candidate since two other counties have already endorsed Chang.

8:22 PM: Anthony Kuo attempts a substitute motion, but Parliamentarian Kermit Marsh says it is too late.

8:23 PM: The voice vote is unclear, so there is a standing vote.

The vote is 14 for the motion for no endorsement and 36 against.

8:25 PM: Municipal Water District of Orange County Board Member Brett Barbre moves and Jennifer Beall seconds to endorse Chang.

The motion passes by voice vote to ENDORSE LING-LING CHANG FOR THE 29TH SENATE DISTRICT.

8:26 PM: Meeting adjourned.

Posted in 29th Senate District, 49th Congressional District, 65th Assembly District, Republican Central Committee | Tagged: , , , , , | 4 Comments »

SD-34: Villa Park’s Tom Umberg to Challenge Janet Nguyen

Posted by Chris Nguyen on February 22, 2018

Senator Janet Nguyen (R-Garden Grove) and former Assemblyman Tom Umberg (D-Villa Park)

Senator Janet Nguyen (R-Garden Grove) and
former Assemblyman Tom Umberg (D-Villa Park)

Yesterday, former Assemblyman Tom Umberg (D-Villa Park) announced his entry into the race to challenge the re-election bid of Senator Janet Nguyen (R-Garden Grove) in the 34th District.  Unfortunately for Umberg, in a case of unlucky timing, the news of his entry was completely drowned out by the news that Senate President Pro Tem Kevin de León (D-Los Angeles) had introduced a resolution to expel Senator Tony Mendoza (D-Artesia/Buena Park) due to allegations of sexual misconduct against Mendoza.

Hillary Clinton defeated Donald Trump by 23% in the 34th Senate District, and Umberg is already trying to make Trump an issue in the State Senate election by declaring in the second sentence of his announcement: “I am running for State Senate because I believe that our community needs a strong fighter in Sacramento who will stand up to President Trump and his Administration on important issues like health care, immigration, energy, the environment, civil rights, education, and consumer issues.”

Congressman Lou Correa led a list of Umberg’s endorsements by various Democratic elected officials.  Correa was Nguyen’s predecessor in the 34th Senate District seat.  There is no word on if former Councilwoman Gerrie Shipske (D-Long Beach) will continue her bid for the seat or drop out in favor of Umberg.

Umberg’s biography is formidable as a former State Assemblyman, former federal prosecutor, retired Army Colonel, and former Deputy Director of the White House Office of National Drug Control Policy (under Bill Clinton), and former Co-Chair of the U.S. State Department’s Public Private Partnership for Justice Reform in Afghanistan (under Barack Obama).

Democrats currently hold a 9% registration advantage over Republicans in the two-county 34th Senate District.  When then-Supervisor Nguyen defeated former Assemblyman Jose Solorio for the seat by 16% in 2014, Democrats held a 5% registration advantage over Republicans.  Additionally, midterm elections have historically resulted strengthened voter turnout for the party opposing the President’s party.  In 2014, with Democrat Barack Obama in office, that produced a bump in voter turnout for Republicans.  In 2018, with Republican Donald Trump in office, that should produce a bump in voter turnout for Democrats.

However, Nguyen is a tough and tireless campaigner, and it is often said in political circles: “Nobody outworks Janet Nguyen.”  Umberg is a daunting opponent, but Nguyen has beaten him before (2007 Supervisorial election, though that seat had dead even political registration with 32.1% of voters registered in each party) and has repeatedly beaten formidable opponents election after election, often as the underdog.  There is no doubt that Umberg will provide a tough challenge, but Nguyen’s experience with arduous campaigns will likely give her a close win in November.

Umberg’s long biography also includes a long record.  The Nguyen campaign likely still has its opposition research file from their 2007 battle with Umberg, who has a voting record of three terms in the State Assembly.  Of course, Umberg is surely assembling a new opposition research file from Nguyen’s 7 years on the Board of Supervisors and 4 years in the State Senate.

Umberg has lost 4 of his last 5 campaigns for office over the last quarter of a century: a 1994 bid for State Attorney General when he lost to incumbent Republican Dan Lungren by 14%, a 2002 bid for the Democratic nomination for Insurance Commissioner when he lost to John Garamendi by 10%, a 2006 bid for the Democratic nomination for 34th Senate District when he lost to Correa by 19%, and a 2007 bid for the 1st Supervisorial District when he came in third by 3% in the legendary Nguyen-Nguyen special election in which Councilwoman Janet Nguyen (R-Garden Grove) defeated School Board Member Trung Nguyen (R-Garden Grove) by the slimmest of margins (Trung Nguyen led by 7 votes after the Registrar’s initial count, Janet Nguyen led by 7 votes after the Registrar’s recount and then by 3 votes after litigation was completed).

Umberg’s sole win in the last 25 years was his 2004 bid for State Assembly, winning by 30% over then-hapless, later controversial Otto Bade.

As of February 5, Umberg was still registered to vote at his home in Villa Park in the district of Senator John Moorlach (R-Costa Mesa).

Here’s an excerpt of an Orange County Register story on accusations of Umberg’s carpetbagging from January 2007:

State Sen. Lou Correa, who beat Umberg in the Senate primary and whose vacated supervisor seat Umberg hopes to win, is among those with reservations.

“Everybody seems to think that they can move into central Orange County and they can run for office,” said Correa, who has not endorsed a candidate. “But there are plenty of qualified individuals living in central Orange County that can run for office.”

Nonetheless, Umberg is the best-known candidate, having twice represented much of the district in the Assembly. He’s won the endorsement of the county Democratic Party and four key labor unions.

And many, including some Umberg opponents, downplay residency as an issue.

“I think it is a nonissue,” said veteran consultant Dave Gilliard, who’s representing Umberg opponent Janet Nguyen. “Central Orange County has a history of carpetbagging. There are many better reasons to oppose Umberg.”

There’s also the ever awkward press coverage of his extramarital affair.

Here’s the full text of Umberg’s press release announcing his candidacy:

RETIRED U.S. ARMY COLONEL & FORMER FEDERAL PROSECUTOR TOM UMBERG ANNOUNCES CANDIDACY FOR STATE SENATE

Also Announces Endorsements From U.S. Congressman Lou Correa, State Assemblyman Tom Daly, Santa Ana Mayor Miguel Pulido, State Senator Betty Karnette (Ret.), and former Long Beach Mayor Robert Foster

SANTA ANA – U.S. Army Colonel (Ret.) & former Federal Prosecutor and State Assemblyman Tom Umberg announced today that he is running for State Senate to represent California’s 34th Senate District.

“I am running for State Senate because I believe that our community needs a strong fighter in Sacramento who will stand up to President Trump and his Administration on important issues like health care, immigration, energy, the environment, civil rights, education, and consumer issues,” said Umberg who previously represented the cities of Anaheim, Garden Grove, Santa Ana, and Westminster during three terms in the California State Assembly.

Umberg also announced that his candidacy has been endorsed by U.S. Congressman Lou Correa, State Assemblyman Tom Daly, Santa Ana Mayor Miguel Pulido, State Senator Betty Karnette (Ret.), and former Long Beach Mayor Bob Foster.

“When Tom served in the Legislature, he was a leader in cutting through partisan bickering to achieve results,” said former State Senator Betty Karnette of Long Beach who served with Umberg in the California Legislature.  “He had an impact.”

Tom Umberg is a retired U.S. Army Colonel who has served in Korea with the 2nd Infantry Division, with NATO forces in Italy, and as a paratrooper with the U.S. Army Special Operations Command, U.S. Army Special Warfare Center, and XVIIIth Airborne Corp. As a JAG officer, he tried over 50 felony cases in Korea, Italy, and the United States.

He was recalled to active military duty in 2004 as a war crimes prosecutor, and in 2009-10 to lead the U.S. military effort to attack corruption within the Afghan Army and Police, for which he was awarded the Bronze Star for meritorious service in a combat zone.

As a federal criminal prosecutor he had a 100% conviction rate, trying numerous white collar, civil rights, and gang cases.  He successfully tried over 100 cases to verdict or judgment, including complex matters involving health care, real estate, work place harassment, construction defects, and protection of employee pension plans.

Tom Umberg served three terms in the California Legislature representing central Orange County.  While in the State Assembly, he successfully authored and secured legislative passage of 76 new state laws, brought more than $563 million in state and federal grant funds into Orange County, and assisted more than 2,500 individuals with government red tape and state bureaucracy problems.

In 1997, Umberg was selected by President Bill Clinton to serve as Deputy Director of the White House Office of National Drug Control Policy (ONDCP).  In this capacity he was responsible for the development and coordination of United States policy to reduce the supply of illegal drugs, including negotiation and coordination with foreign governments to enhance U.S. counter-drug intelligence and interdiction.  In 2011, he was also appointed Co-Chair of the U.S. State Department’s Public Private Partnership for Justice Reform in Afghanistan.

Umberg is a founding partner of Umberg Zipser LLP and previously served as a partner at both Morrison & Foerster and Manatt, Phelps & Phillips.  He is a member of the Board of Directors of the National Association of Drug Court Professionals and is Chair of the Veterans Treatment Court Committee.

Tom is married to Brigadier General (Ret.) Robin Umberg.  They met while they were on active duty in Korea.  “Tom and I have been proud to serve our country together for over 60 years combined — in the United States and overseas,” said Robin Umberg.

#####

(Cue my usual Nguyen disclaimer: I am not related to Senator Janet Nguyen or former School Board Member Trung Nguyen. The last name Nguyen is held by 36% of Vietnamese people.)

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Live from OC GOP Central Committee: Endorsements for BOS-4 & OCBE

Posted by Chris Nguyen on February 19, 2018

We’re live from the OC GOP Central Committee meeting, where three endorsements are being considered:

  • Tim Shaw (R-La Habra) for Orange County Board of Supervisors, 4th District
  • Mari Barke (R-Rossmoor) for Orange County Board of Education, Trustee Area 2
  • Lisa Sparks (R-Newport Beach) for Orange County Board of Education, Trustee Area 5

The Barke and Sparks endorsements for County Board of Education are expected to be fairly quick since Barke is the sole Republican challenging incumbent David Boyd (NPP-Costa Mesa) and Sparks is the sole Republican running to replace the retiring Linda Lindholm (R-Laguna Niguel).

Shaw’s endorsement request for Fourth District Supervisor will be the most hotly contested, as Councilwoman Lucille Kring (R-Anaheim) is also running. Shaw is on the agenda because a majority of the members of Central Committee signed his petition to have his endorsement request heard. In order to actually be endorsed requires a 2/3 vote of the Central Committee.

Emails to the Central Committee have already flown back and fourth on the Fourth District. Kring has been accused of breaking her word to the Central Committee by voting for the Transient Occupancy Tax (TOT, also known as Hotel Tax) subsidy of $158 million for businesses in the Anaheim resort district and accused of accepting campaign contributions from public employee unions; and even quoting a 2016 OC Register editorial calling Kring “patently dishonest.” Shaw has been accused of supporting a 0.5% sales tax increase and an extension of a 4.5% utility tax (in lieu of an expiring 6% utility tax).

7:00 PM: After the invocation and Pledge of Allegiance, various elected officials are introduced followed by an update from the College Republicans.

7:25 PM Before the endorsements, there are three speakers:

7:54 PM: Speeches are complete. Endorsements will now begin.

7:55 PM: Mark Bucher moves and Chris Norby seconds the endorsements of Barke and Sparks for Orange County Board of Education.

7:56 PM: Scott Peotter moves to call the question when no one says they wish to speak in opposition.

7:57 PM: Both the Peotter and Bucher motions pass unanimously, so BARKE AND SPARKS ARE ENDORSED FOR ORANGE COUNTY BOARD OF EDUCATION.

7:58 PM: Mary Young moves and Andy Whallon seconds the endorsement of Tim Shaw for Supervisor.

7:58 PM: John Moorlach speaks in favor of endorsing Shaw. He cites Shaw’s service on the La Habra City Council, as Vice Chair of OCTA, and on the Orange County Sanitation District. He argues if Shaw had run for the 29th Senate District in 2016, Shaw would have beat Josh Newman.

7:59 PM: Deborah Pauly speaks in opposition to endorsing Shaw. She speaks to the importance of opposing tax increases. She spoke of 10 years ago how he was supporting a 0.5% sales tax increase in La Habra, which at the time was in the same Assembly District as Pauly’s home of Villa Park. She spoke of his serving as Treasurer of the ballot measure committee to extend the utility tax in La Habra.

8:02 PM: Shaw argues the measure would have lowered utility taxes. He states he was not involved in the sales tax effort.

8:03 PM: Chairman Fred Whitaker notes that there are two Republicans running for the seat: Shaw and Anaheim Councilwonan Lucille Kring.

8:05 PM: Chris Norby says he is personally endorsing Shaw but sees no reason for the Central Committee to endorse one Republican over another. He notes when he was elected to the same Supervisorial seat, the Central Committee endorsed neither Norby nor incumbent Republican Cynthia Coad. He would rather see which one advances to the run-off in November.

8:07 PM: Craig Young asks about the filing deadline and endorsement vote threshold.

8:08 PM: Chairman Whitaker explains that the filing deadline is March 9 but no other Republicans are known to be considering the seat. The endorsement threshold is 2/3 of those present and voting, so abstentions lower the number of votes needed to reach 2/3.

8:09 PM: The voice vote is too close, so a standing vote is called.

8:10 PM: The vote to endorse Shaw is 24-9 (22 is necessary to reach 2/3), so SHAW IS ENDORSED FOR ORANGE COUNTY SUPERVISOR, 4TH DISTRICT.

8:11 PM: In the 74th Assembly District, John Warner announces that Will O’Neill has been recommended by the 74th District Caucus to replace Warner, who is resigning from the Central Committee due to his time constraints as President of the Lincoln Club.

8:12 PM: Jon Fleishman moves and Brett Barbre seconds to confirm O’Neill to the Central Committee vacancy.

8:13 PM: O’Neill confirmed unanimously.

8:14 PM: Various officer reports are presented, including a lengthy discussion and approval of the 2018 operating budget.

8:27 PM: Various club reports are presented.

8:37 PM: Meeting adjourned in memory of Peter Moriarty, founding President of VetsROC.

Posted in 4th Supervisorial District, Orange County Board of Education | Tagged: , , , , , | 1 Comment »

Are We Still A Nation of the Rule of Law? A Serious Question – Part II

Posted by Craig P. Alexander on February 9, 2018

Yesterday I published a post on the “FISA Gate” scandal with my take on the current situation and why it is so very serious to our Republic.  In today’s post I outline my opinion of what certain people involved in this matter should do to best serve the American people, put maximum light on this situation and restore the American people’s trust in their federal government’s law enforcement agencies.

President Trump:  Unfortunately while several people in this matter deserved to be fired (and maybe more), given the highly charged political environment, if the President fires anyone involved it will fairly or unfairly turn into a firestorm.  Even though he had every right to fire James Comey as FBI director, what he got was a Special Counsel to investigate him.  So the best thing for the President and his team to do is ride this out until all of the facts are on the table.   But speaking of facts, the President and his team should help in any way they can move along any requests for de-classification of information such as the Cater Page FISA application and its renewals.

Deputy Attorney General Rod Rosenstein:  He signed one of the applications for renewal for the FISA warrant on Carter Page. Plus he oversees the Robert Muller investigation.  To put it bluntly Mr. Rosenstein is on the hot seat.  He needs to move heaven and earth to show the American people that his actions in this matter were proper.  This includes getting de-classified whatever documents are necessary to explain his actions (the entire Carter Page FISA application and its renewals would be an ideal start) and he needs to do that now. He took an oath not to President Trump, President Obama or anyone else but to the Constitution, including upholding the 4th Amendment.  Since it appears he may have participated in a violation of the 4th Amendment, the burden is on him to explain himself.  If he is unable or unwilling to do this then he should resign from this position and allow someone else (preferably from the outside of the DOJ) to take his place.

Attorney General Jeff Sessions:  Due to his involvement in the Trump campaign, he has recused himself from the Russia investigation and any investigations of Hillary Clinton.  When he did these recusals they were the right thing to do.  Except for Civil Asset Forfeiture (I am against it and AG Sessions is for it) I am a Jeff Sessions fan.  However, with these revelations of likely illegal activity at the top of the FBI and the DOJ, the situation has changed.  If Mr. Rosenstein will not explain himself or resign, then Mr. Sessions needs to find a way to properly un-rescue himself and conduct his own investigation starting with suspending or firing Mr. Rosenstein.  If he cannot do this, then he needs to resign and allow the President to appoint a new Attorney General – preferably someone not connected to his campaign or the DOJ who will investigate and clean house. Perhaps a state Attorney General who had no connection to the Trump campaign.  After this scandal (plus the Fast and Furious, IRS and the Hillary Clinton scandals just to name a few where the DOJ apparently played politics) the American people deserve to know that their Federal government law enforcement agencies cannot and will not be used by one party in power to spy on the other parties’ campaign or other similar illegal actions.

FBI Director Christopher Wary:  He has been, to date, more in the camp of protecting top FBI brass and helping stonewall Congress on giving them documents.   He needs to restore the people’s confidence in the FBI.  Director Wray has the power to sideline many people inside the FBI who were apparently committing these acts.  It appears he has done that to some degree. Perhaps he is waiting until Inspector General Horowitz’ report is issued before he fires people like Peter Strzok and Lisa Page.  But he should at the very least issue a statement that he is indeed waiting for the IG’s report.  Plus that he is personally reviewing not only the Carter Page FISA application and renewals but any FISA applications and renewals that Strzok, Page and some of the other actors inside the FBI worked on over the last two or three years.

Special Counsel Robert Mueller:  Mr. Mueller may be the straight shooter that people like Congressman Trey Goudy says he is but his hiring practices leave a lot to be desired.  Why did he hire so many anti-Trump and pro-Clinton persons from the DOJ and FBI?  Why are so many of them still on his team?  He should replace them now.  But if nothing else, he needs to view this whole “FISA Gate” scandal as a rising of the bar for his investigation and any decisions he may make to charge anyone and especially the President with wrongdoing.  I am not saying President Trump should have the same sweetheart deal Hillary Clinton got.  But if he is going to file charges for “collusion” (which is not a crime) or obstruction of justice, it needs to be an iron clad case.  Otherwise this will only look like a witch hunt.  As a prosecutor his job is not to get convictions but to serve justice. 

The FISA Court Judges:  As an attorney myself (I do not practice criminal law) I know that if any attorney submits to a court a document that is false, especially if it is submitted under penalty of perjury, and the court finds out it is false, that attorney is, to say the least, in trouble.  My hope is that the FISA Court Judges are looking over the FISA applications on Carter Page and any others submitted by the people involved in this scandal to see if the allegations being made are true or not.  If true and the Court was deceived, the Judges should be issuing orders to those involved to come and explain themselves to them under pain of being found in contempt of court or guilty of perjury.  If any of the DOJ attorneys mislead the Court, I would hope the Court would take strong action.  In addition, I would hope the FISA Court Judges would find a way to communicate to the American people that they recognize the serious issues that have been given light as a result of this scandal and are taking steps to address that.

A hallmark of our system of government is liberty and freedom from government coercion and control. The 4th Amendment exists to protect American citizens from “wiretapping”, surveillance, spying on their activities, etc. unless the authorities have presented a Judge with proper and verified evidence of likely criminal wrongdoing by that citizen to justify issuing a warrant.  This includes when foreign nationals may be involved.

The critical issue here is one party then in power using law enforcement tools to spy on its political opponents (and maybe beyond them as well) on the basis of evidence that was false and paid for by their favored candidate’s political campaign.  If as we are told by Mr. Nunes and his fellow Republicans, this occurred, this is not just an injustice to President Trump and his supporters, but to all citizens.  Americans deserve to know all of the facts and not via the lens of partisans on either side.

Release the FISA court applications and renewal applications – all of them!  And now! 

Craig P. Alexander is an attorney and principal of the Law Offices of Craig P. Alexander in Dana Point, California.  A large part of his legal practice is regarding the California Public Records Act to obtain documents from state and local governments (the state version of the Freedom of Information Act to obtain documents from the Federal government).

Posted in Uncategorized | Tagged: , , , , , , , , , , , , , , , | 1 Comment »

DA’s Race: Spitzer Outraises Rackauckas While Murdock Can’t Pay Registrar of Voters

Posted by Chris Nguyen on February 9, 2018

District Attorney Tony Rackauckas (R-San Clemente), Supervisor Todd Spitzer (R-Orange), and former Mayor Brett Murdock (D-Brea)

District Attorney Tony Rackauckas (R-San Clemente), Supervisor Todd Spitzer (R-Orange),
and former Mayor Brett Murdock (D-Brea)

In the race for Orange County District Attorney, Supervisor Todd Spitzer (R-Orange) raised $103,953 more than incumbent District Attorney Tony Rackauckas (R-San Clemente) did in the second half of 2017, according to campaign finance reports filed last week.  During the second half of 2017, Spitzer raised $234,077 while Rackauckas raised $130,124.  In the first half of 2017, Rackauckas raised $195,300; Spitzer did not have a DA account yet, but raised $273,284 into his Supervisor account during that time.  When Spitzer closed his Supervisor account, he also transferred $1,272,559 to his DA account.

Rackauckas spent $178,606 while Spitzer spent $139,233 on the DA’s race.  This leaves Rackauckas with $209,513 cash on hand and Spitzer with $1,367,403 cash on hand, or $1,364,903 cash on hand after accounting for one $2,500 unpaid bill.

Former Mayor Brett Murdock (D-Brea) raised 3% of what Rackauckas did and 2% of what Spitzer did.  Additionally, Murdock had no funds raised in prior periods, leaving him even further behind Rackauckas and Spitzer.  With $3,848, Murdock will need to spend $2,680 to pay the DA candidate filing fee to the Registrar of Voters, leaving him with $1,168.  Unfortunately for Murdock, the ballot statement payable to the Registrar of Voters costs $15,536.  In other words, as of the end of 2017, Murdock’s $3,848 cash on hand was only 21% of the $18,216 he needs to pay the Registrar of Voters by March 9.

For visual learners:

Candidate Contributions
(1/1/17-6/30/17)
Contributions
(7/1/17-12/31/17)
Transfers Unpaid
Bills
Expenditures Cash on Hand
(COH)
COH Minus
Unpaid Bills
Tony Rackauckas (R) $195,300 $130,124 $0 $0 $178,606 $209,513 $209,513
Todd Spitzer (R) N/A
($273,284 for Supervisor)
$234,077 $1,272,559 $2,500 $139,233 $1,367,403 $1,364,903
Brett Murdock (D) N/A $4,527 $0 $0 $679 $3,848 $3,848
Note: Figures may be off by one dollar due to rounding.

 

Posted in Orange County District Attorney's Office | Tagged: , , | Leave a Comment »

Are We Still A Nation of the Rule of Law? A Serious Question – Part I

Posted by Craig P. Alexander on February 8, 2018

Is our country still a nation of the rule of law or are we now under the rule of men? This is now a very serious question facing the American people. At the beginning of our Republic the Founders instituted the U.S. Constitution with the original 10 amendments. One of them is the 4th Amendment against unreasonable search and seizure. It states:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue,     but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

One of the main reasons the Founders insisted on the inclusion of the 4th Amendment was to be rid of the British practice of issuing “general warrants” that allowed British officials to invade and search randomly vast numbers of homes and farms on no evidence of wrongdoing by those being searched.  Of course the Founders did not have “telecommunications” where our conversations, plans, information gathering, etc. is done over the telephone and the Internet.  However the Courts and Congress have recognized and applied 4th Amendment protections to those methods of communication and information gathering.

Today we are faced with a very serious challenge to our rights as Citizens of this Republic regarding our 4th Amendment rights with the recent revelation of abuse of the Foreign Intelligence Surveillance Act (or FISA) laws being used against US Citizens by the FBI and the Dept. of Justice.

As you know the Republicans on the House Intelligence Committee have released the “Nunes Memo” which, if accurate, details serious misuse and maybe outright fraud upon the FISA court on at least one application – to surveil Carter Page, a onetime volunteer adviser to the Trump campaign.  Here is a link to the Nunes Memo.  It is important that people read this short three and one half page document.  Another important thing to read and understand is the timeline of these events.  Thomas Del Baccaro has put together that timeline in his article which appeared in Political Vanguard. Here is the link. One thing important to note from the timeline – the 2016 FISA warrant application and order were after Carter Page left the Trump campaign.  Also importantly Senator Charles Grassley and Senator Lindsey Graham have released a letter to the DOJ (with some redactions) for potential criminal prosecution of Christopher Steele.  That letter confirms much of the Nunes Memo. Here is the link to that letter.

At the time of my writing this post the White House is reviewing the Democratic memo by Congressman Adam Schiff for release, release with redactions, etc.  I suspect it will be out soon.  Both the Nunes and Schiff memos claim to be accurate and based upon the underlying documents including the FISA application and renewal applications.   Reportedly the Schiff memo rebuts statements made in the Nunes memo.  As an aside, given that many things Adam Schiff has said have been proven to be untrue, in my opinion he is not to be trusted.

But this scandal raises serious questions: Are highly placed members of the Federal Bureau of Investigation and the Department of Justice actively misleading the FISA court to spy on American citizens?  If Carter Page was “surveilled” (spied upon), did the FBI follow others who spoke to Mr. Page such as persons in the Trump campaign separate and apart from any conversations Mr. Page had with them?  What part did the Fusion GPS “dossier” play in the FISA application?  Even if it was only a small part of the application, if the dossier was “salacious and unverified” as Former FBI Director Comey stated, why was it used in the application at all?  Did the FBI and Department of Justice attorneys withhold from the FISA court that the dossier was paid for by the Hillary Clinton campaign and the DNC (via an illegal concealed payment to Fusion GPS by the campaign’s attorneys)?  If so, did the Court ask any questions about this either at the time of the original application or on one of the renewals of the warrant? If the origin of the dossier was disclosed to the FISA court why did it issue the warrant?  Were any other warrant applications to the FISA court by these same individuals made with tainted evidence?  Etc., Etc., Etc….There are SO MANY MORE QUESTIONS that the Nunes Memo and other information in the news regarding this scandal bring up.

One thing is certain – the American people deserve to have the entire FISA application and renewal documents (with only sparse redactions for true national security purposes) released and very soon.  Let the American people decide for themselves if the application and its renewals were done properly or not.

The fact that the FISA process, applications and courts are designed to operate in secret is no excuse for withholding this application and its renewals.  There is just too much independent evidence (such as the infamous texts between disgraced FBI agent Peter Strzok and FBI attorney Lisa Page) of bias investigations and abuse of the FISA process to keep this “under wraps” for any reason.  The American people have a legitimate reason to demand and receive these documents.  If it proves that Mr. Nunes is correct, then massive changes need to be made to the FISA process and certain people need, at the very least, to lose their jobs.  If the evidence is that the Nunes memo is false, the American people need to know that too.

In Part II – My Thoughts on What People Involved in this Scandal Should Do Now.

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Sheriff’s Race: Barnes Raises Three Times as Much as Harrington While Harrington Pursues Slate Strategy

Posted by Chris Nguyen on February 8, 2018

Undersheriff Don Barnes (R-Lake Forest) and Mayor Dave Harrington (R-Aliso Viejo)

Undersheriff Don Barnes (R-Lake Forest)
and Mayor Dave Harrington (R-Aliso Viejo)

In the race to succeed retiring Sheriff Sandra Hutchens (R-Dana Point), campaign finance reports for 2017 filed last week show that Undersheriff Don Barnes (R-Lake Forest) has raised three times as much as Mayor Dave Harrington (R-Aliso Viejo) while Harrington has outspent Barnes.  Harrington has reserved 14 slates while Barnes has purchased 2 slates; however, Harrington has only placed deposits on 12 and still needs to finish paying for them.  The Harrington campaign is clearly hoping slates can overpower the near-incumbent strength ballot designation of “Orange County Undersheriff” that Barnes will wield.

In 2017, Barnes raised $233,595 while Harrington raised $70,903.  Harrington also loaned himself $140,000.  While OC Political is usually skeptical of loans since most candidates use them simply to inflate fundraising numbers, this is not the case here, as Harrington has already spent $17,900 of his loan, and if he does pay for his slates in full, he will have spent $101,965 of his loan to his campaign.

In 2017, Barnes spent $57,743 with an additional $18,125 in accrued bills, totaling $75,868.  Harrington spent $88,802, with an additional $84,065 in accrued bills, totaling $172,867.  Harrington paid $18,172 to slates and needs to pay another $83,015 in order to complete his slate payments.  Harrington shows $101,187 (59%) of his spending (including both paid expenditures and unpaid bills) on slates.

By the close of 2017, Harrington has spent more money on slates than he has raised, needing to dip into his own pocket if he wishes to hang on to all the slates.  Barnes ended 2017 with four times as much cash-on-hand as Harrington, once unpaid bills are accounted for.  Harrington’s spending, including both paid expenditures and unpaid bills, is 2.5 times what he has raised while Barnes’s spending is 1/3 of what he has raised.

How much more is Harrington willing to self-fund in his battle against Barnes?  Barnes’s Undersheriff designation is worth a lot more than $101,187, so slates alone will not carry the day for Harrington.  Harrington will need to either step up his fundraising or dig even deeper into his own pocket to be competitive.

Either way, after the June 5 election, once the new term of office commences January 7, there’s a new sheriff in town.

For visual learners:

Candidate Contributions Loans Unpaid
Bills
Expenditures Cash on Hand
(COH)
COH Minus
Unpaid Bills
COH Minus
Unpaid Bills and Loans
Don Barnes (R) $233,595 $0 $18,125 $57,743 $175,851 $157,726 $157,726
Dave Harrington (R) $70,903 $140,000 $84,065 $88,802 $122,100 $38,035 ($101,965)
Note: Figures may be off by one dollar due to rounding.

 

Posted in Orange County Sheriff | Tagged: , , | 1 Comment »

BOE: Mission Viejo Mayor Pro Tem Greg Raths Enters the Race

Posted by Chris Nguyen on February 7, 2018

Mayor Pro Tem Greg Raths (R-Mission Viejo)

Mayor Pro Tem Greg Raths
(R-Mission Viejo)

Mayor Pro Tem Greg Raths (R-Mission Viejo) has entered the race for the State Board of Equalization seat being vacated by BOE Chairwoman Diane Harkey (R-Dana Point), who is not seeking re-election in order to run for the 49th Congressional District seat of retiring Congressman Darrell Issa (R-Vista).  The massive BOE seat includes all of Imperial, Orange, Riverside, and San Diego Counties, with small slivers of San Bernardino County.

Raths join a race that already includes State Senator Joel Anderson (R-Alpine), former Assemblyman Ken Lopez-Maddox (D-Dana Point), former Councilman John F. Kelley (R-Tustin), and Board of Equalization employee David Dodson (D-Dana Point).  Orange County Water District Director and former City Councilman Denis Bilodeau (R-Orange) is exploring his candidacy for the seat.  Orange County Taxpayers Association President and CEO Carolyn Cavecche (R-Orange) ruled out running shortly before Senator Anderson entered the race.  (Here’s OC Political’s coverage of Anderson and Lopez-Maddox entering the BOE race, along with Lopez-Maddox’s unexpected party switch.  Here’s OC Political’s coverage of Bilodeau and Cavecche’s explorations of the BOE race that also discusses Kelley.)

Raths first ran for elected office in 2014 when he ran for the 45th Congressional District after Congressman John Campbell (R-Irvine) announced his retirement.  State Senator Mimi Walters (R-Irvine) won 45% of the vote in the top-two primary, with Drew Leavens (D-Poway) winning 28%, Raths 24%, and Al Salehi (NPP-Buena Park) 3%.  Since he did not make it to the general election for the Congressional seat, Raths was able to run for Mission Viejo City Council, in which the retired Marine Colonel was the top vote-getter in a race that saw two incumbent Councilmembers defeated.

In 2016, first-term Councilman Raths challenged first-term Congresswoman Walters’s re-election bid.  Walters won 41% of the vote in the top-two primary, with Ron Varasteh (D-Irvine) winning 28%, Raths 19%, and Max Gouron (D-Tustin) 12%.

Posted in Board of Equalization, Mission Viejo | Tagged: , , , , , , , , , , , , , , | 1 Comment »

SD-29 Recall: Newman Raises $2 Million But Spends $1.5 Million

Posted by Chris Nguyen on February 6, 2018

Senator Josh Newman (D-Fullerton)

Senator Josh Newman
(D-Fullerton)

According to campaign finance reports released last week for 2017, Senator Josh Newman (D-Fullerton) raised over $2 million to fight the recall effort against him but spent $1.5 million, leaving him with cash-on-hand of $555,111 along with $26,255 in unpaid bills and a $60,000 loan, bringing his cash-on-hand down to $468,856.  (His five largest expenditures categories were $297,059 on television commercials, $269,671 on campaign consultants, $215,662 on an outside vendor employing precinct walkers, $210,643 on campaign worker salaries, and $72,513 on campaign literature and mailings.)

Another committee, Californians for Better Communities (CBC), run by construction unions, raised $680,000, transferring $250,000 to Newman to get him over $2 million (he raised just under $1.8 million without that transfer) and spent another $213,696, leaving themselves with $215,341 cash-on-hand.

Reform California, the committee founded by former City Councilman Carl De Maio (R-San Diego), raised $827,478 and spent $629,044, with the bulk of it spent on qualifying the recall, primarily on signature gatherers.  They have $213,643 cash-on-hand after accounting for $12,251 in unpaid bills.

Another committee, Californians Against Car and Gas Tax Hikes, run by the Howard Jarvis Taxpayers Association, raised $127,903 and spent $127,008, leaving $895 cash-on-hand, or $119 after accounting for unpaid bills of $776.  They spent most of their funds on signature gatherers.

For visual learners:

Committee Contributions Transfers Loans Unpaid
Bills
Expenditures Cash on Hand
(COH)
COH Minus
Unpaid Bills
COH Minus
Unpaid Bills and Loans
Newman $1,786,598 $250,000 $60,000 $26,255 $1,541,487 $555,111 $528,856 $468,856
CBC (pro-Newman) $680,000 ($250,000) $0 $963 $213,696 $216,304 $215,341 $215,341
Reform CA (pro-recall) $827,478 $0 $0 $12,251 $629,044 $225,894 $213,643 $213,643
CACGTH (pro-recall) $127,903 $0 $0 $776 $127,008 $895 $119 $119
Notes: Figures may be off by one dollar due to rounding.

 

Only three candidates have initiated any paperwork to run as replacement candidates should Newman be recalled. No Democrat has yet jumped in as a backup candidate for their party in case Newman is recalled.  (The 2003 “No on the Recall, Yes on [Cruz] Bustamante” strategy.)

All are holding back on spending, with a combined expenditure total of $9,856 through December 31.  The candidates were presumably waiting for the Governor to set the recall election, which he did not do until January 8.

Former Assemblywoman Ling-Ling Chang (R-Diamond Bar) raised $130,300 and loaned her campaign $80,000.  She spent a negligible $9,756, leaving her with a cash-on-hand total of $200,544, or once you account for her loan, a cash-on-hand total of $120,544.

City Councilman Bruce Whitaker (R-Fullerton) raised $14,489.  He spent a negligible $100, leaving him with a cash-on-hand total of $14,389.

Joshua Ferguson (NPP-Fullerton) has raised and spent no money; he has still yet to file any FPPC paperwork to allow him to raise a penny for Senate.  Additionally, while he pulled papers from the Registrar of Voters on January 10, he has not yet submitted any of that paperwork.

For visual learners:

Candidate Contributions Loans Expenditures Cash on Hand
(COH)
COH Minus Loans
Ling-Ling Chang (R) $130,300 $80,000 $9,756 $200,544 $120,544
Bruce Whitaker (R) $14,489 $0 $100 $14,389 $14,389
Joshua Ferguson (NPP) $0 $0 $0 $0 $0
Notes: Figures may be off by one dollar due to rounding.

Posted in 29th Senate District, Fullerton | Tagged: , , , , , , | 1 Comment »